36C25019Q0589-001.pdf

SOP Other Than Full and Open Competition Original Date (3/22/2011)

DEPARTMENT OF VETERANS AFFAIRS

Justification and Approval

For Other Than Full and Open Competition

Contracting Activity: Department of Veterans Affairs, VISN 10, Chillicothe VA Medical Center, Biomass Boiler Plant.

Justification for Other Than Full and Open Competition: Monitoring Solutions provided & installed the proprietary equipment to the Biomass Boiler Plant.

Nature and/or Description of the Action Being Processed:

Biomass boiler EPA-required opacity stack testing (quarterly and annually) to be awarded as new contract to Monitoring Solutions, firm-fixed-price, first year plus 4 option years.

Monitoring Solutions provided and installed the proprietary equipment to be tested.

Description of Supplies/Services Required to Meet the Agency’s Needs:

Annual Opacity Support Contract Description – VA Medical Center

Quarterly Preventive Maintenance: A Service Engineer will visit site quarterly and perform comprehensive preventive maintenance of Opacity System Equipment. All consumables (cleaning solution for lenses, filters to protect lenses, and lent-free lens cleaning clothes) are included.

Opacity Monitor Audits: In conjunction with quarterly preventive maintenance, visits will prepare the Opacity Monitor and perform the Quarterly Performance Audits in accordance with 40 CFR Part 51, Appendix M, Method 203. An electronic report will be submitted within 10 business days from completion of the audits.

Opacity Clear Stack Audit: A Service Engineer will perform the required annual Clear Stack Test or Annual “Zero Alignment” during a quarterly PM. Preparation includes removing the opacity unit from the stack and setting up on test stands while connected to the final recording device. After the test the units will be re-installed on the stack and checked for alignment and calibration. A written report will be submitted within 10 business days from completion of the audits.

Statutory Authority Permitting Other than Full and Open Competition:

( X ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per FAR 6.302-3;

( ) (4) International Agreement per FAR 6.302-4

( ) (5) Authorized or Required by Statute FAR 6.302-5;

( ) (6) National Security per FAR 6.302-6;

( ) (7) Public Interest per FAR 6.302-7;

Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Monitoring Solutions provided and installed the proprietary equipment to be tested. Monitoring Solutions has the capabilities of maintaining compliance with EPA regulations with installed proprietary equipment. Veteran’s Health Administration will experience substantial duplication of cost that could not be expected to be recovered through competition.

Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Monitoring Solutions provided and installed the proprietary equipment to be tested.

Determination by the Contracting Officer that the Anticipated Cost to the Government will be Fair and Reasonable:

Anticipated cost is considered fair and reasonable as Monitoring Solutions is the nearest east coast facility capable of providing these services. The next nearest provider would incur much greater travel and time expenses, in addition to potentially higher initial costs.

Description of the Market Research Conducted and the Results, or a Statement of the Reasons Market Research Was Not Conducted: Internet research was conducted to determine licensed facilities capable of maintaining compliance with EPA regulations with our installed proprietary Monitoring Solutions equipment. Monitoring Solutions has been the only provider of these services for opacity stack testing since biomass boiler commissioning in August 2012, continually maintaining compliance. Monitoring Solutions provided and installed the proprietary equipment to be tested.

Any Other Facts Supporting the Use of Other than Full and Open Competition: Monitoring Solutions provided and installed the proprietary equipment to be tested.

Listing of Sources that Expressed, in Writing, an Interest in the Acquisition: See Section VI above.

A Statement of the Actions, if any, the Agency May Take to Remove or Overcome any Barriers to Competition before Making subsequent acquisitions for the supplies or services required:

The requirements holder will continue to monitor the market place to ensure awareness of competitors.

Requirements Certification: I certify that the requirement outlined in this justification is a Bona Fide Need of the Department of Veterans Affairs and that the supporting data under my cognizance, which are included in the justification, are accurate and complete to the best of my knowledge and belief.

Date

Utility Operations Manager VA Medical Center Chillicothe, OH

1. Approvals in accordance with FAR 6.304

a. Contracting Officer's Certification (required): I certify that the foregoing justification is accurate and complete to the best of my knowledge and belief.

Name Date Contracting Officer Network Contracting Office (NCO) 10